Environmental Stewardship Committee Ordinance-redline 7-6-17 (00835016-2xBA9D6)DRAFT 6/267/6/2017
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ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF
ORDINANCES; CREATING AN ENVIRONMENTAL STEWARDSHIP
COMMITTEE; PROVIDING FOR INTENT, PURPOSE,
MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID
COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING
FOR MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE
PERMIT REVIEW AND APPEAL PROCESS; PROVIDING FOR SIX
MONTH REVIEW, CONFLICT, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Boards and Committees established by the Mayor and
Commission of the City of Atlantic Beach provide many valuable services to the
community by enlisting citizen volunteers to provide input and due consideration of
issues important to the citizens of our community; and
WHEREAS, the City of Atlantic Beach recognizes both the economic and
intrinsic value of its natural environment and the need to establish a committee to
help protect it; and
WHEREAS, dedicated and knowledgeable members of this committee will be
stewards of our environment, creating a legacy for future generations.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Sec. 23-52, et seq., which
sections shall read as follows:
Sec. 23.52. Environmental Stewardship Committee - Intent.
The maritime forest in Atlantic Beach is core to the City’s identity as a small coastal
village. The tree canopy creates beauty, provides a home for wildlife, functions as an
element of the water management system and enhances property values. It is in the
best interest for this committee to be the stewards of the tree canopy through
advocacy, assessment, maintenance, planting and preservation of this natural
resource. The City parks provide open spaces for recreation, exercise, wildlife
habitat, relaxation and encounters with the natural world. This committee intends
to support the community to provide a variety of park spaces that are well
maintained, accessible and secure. This committee shall take the lead and set high
community standards in the beautification and maintenance of public spaces located
within the City. The Atlantic Ocean, the St. Johns River and the Intracoastal
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Waterway have a great deal of influence on the micro climate, drainage issues and
the diverse vegetation and wildlife that thrive within the City. The care and health of
the coast and marsh must be paramount in every recommendation made by this
committee about the use of our land, water system and tree canopy.
(a) Environmental Stewardship Committee Purposes.
It shall be the purpose of the Environmental Stewardship Committee:
(1) To study and make recommendations to the City Commission and City
staff with respect to the City’s:
a. Maritime forest;
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public
and private participation in promoting these purposes.
(b) Environmental stewardship committee – Scope of Activities .
The Environmental Stewardship Committee shall provide guidance and support to
the City Commission and City Manager and, upon request by the City Commission or
City Manager, shall provide written recommendations, in the following areas :
(1) Maritime Forest:
a. Clarifying and strengthening the City’s processes and all tree and
landscape related city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the
City’s ordinances;
c. Promoting transparency through online access to relevant
information;,
d. Developing and maintaining environmental education and
outreach programs about the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private
property to owners, developers, builders, and tree/landscape
service contractors;
f. Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy, projecting future needs, and
developing a calendar and budget for tree planting in parks, public
spaces and along streets and right of ways;
g. Promoting tree canopy advocacy including upholding the City’s
status as a bona fide “Tree City USA”;
h. Developing a process for systematic, review of the City’s
enforcement of the existing tree codes, including the long-term
health of trees planted for mitigation; and
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i. Developing and maintaining a process for citizens to communicate
possible violations to the City.
(2) Parks and Open Spaces:
a. Developing and maintaining a long-range plan to protect, improve
and beautify park spaces;
b. Improving access to and amenities for parks including disability
accommodations, bike paths, parking, signage and other user
friendly features;
c. Expanding the City’s inventory of parks and conservation land
through acquisition or other means; and
d. Maintaining a web-based, publicly accessible inventory of parks
including their history, archeological value, rules of use, deed
restrictions and conservation easements.
(3) Beautification of Public and Private Spaces:
a. Enhancing public spaces, including public rights of way, roadsides,
City buildings, beach accesses and other publicly held properties
with art, carefully maintained landscape design and plantings;
b. Incentivizing and advocating for beautification of private and
commercial spaces;
c. Reducing the number and appearance of degraded or blighted
properties; and
d. Developing a design theme/community branding for signage, bus
shelters, lighting and other elements of the built environment.
(4) Environmental Stewardship:
a. Utilizing best practices, including a science based approach, when
making any decision about development and its impact on our
environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical
defenses in hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain
with the goal of preserving the City’s flood management system;
d. Reviewing the City’s environmental codes and ensuring
enforcement of rules including, but not limited to, dumping, septic
tanks and commercial pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for
adherence to current research about sea level change and
wetlands preservation.
(c) Membership, Terms, Appointments, Geographic Requirements,
Composition.
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(1) Membership. The Environmental Stewardship Committee shall be
composed of eleven members. A majority of the members of the
committee shall constitute a quorum .
(2) Terms. All members shall serve four-year terms, with the exception of
inaugural committee members. Members shall not serve more than two
consecutive terms on the committee. Three-year terms of the inaugural
committee members shall constitute a full term. In the event a vacancy
occurs and three years or more remain in the vacating member’s term,
then the remaining time shall constitute a full term.
(3) Appointments. Except for the inaugural committee members,
committee members shall be selected by the Board Member Review
Committee and shall be confirmed by the Commission. The Commission
shall select the inaugural committee members as follows:
MEMBER REPRESENTATION APPOINTED BY
At Large Mayor (3 years)
At Large Mayor (4 years)
At Large Mayor (3 years)
District 1308 Resident Seat 2 Commissioner (3 years)
At Large Seat 2 Commissioner (4 years)
District 1307 Resident Seat 3 Commissioner (3 years)
At Large Seat 3 Commissioner (4 years)
District 1306 Resident Seat 4 Commissioner (3 years)
At Large Seat 4 Commissioner (4 years)
District 1312 Resident Seat 5 Commissioner (3 years)
At Large Seat 5 Commissioner (4 years)
(4) Geographical Requirements. There shall be at least one member
representing each city district on the committee. Each committee
member must be a full time resident of the City or own real property in
the City. For the purpose of this section, full time residency shall be
defined as the person’s principal place of abode. Any member must
immediately notify the City Manager and Chair in writing upon no
longer meeting these membership qualifications.
(5) Composition. To the extent possible, committee members should
demonstrate at least one of the following skills, experience, expertise,
educational background or interests:
a. Knowledge of best practices in environmental management and
sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
g. Environmental and constitutional law;
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h. Community engagement; and
i. Educational programming.
(d) Organization.
(1) The committee shall meet on the ______ of each month. Special meetings
may be called by the Chair, provided at least 48 hours notice is
provided. At its first regularly scheduled meeting each January, the
committee shall elect from among its members a chair, vice chair, and
secretary who shall assume their positions immediately upon election.
(2) The chair shall preside at all meetings of the committee. The vice chair
shall preside if the chair is absent.
(3) The committee shall be staffed at each meeting by a City staff member
appointed by the City Manager to act as the recording clerk. In addition,
the City Manager or his/her designee shall attend all committee
meetings.
(4) Roberts Rules of Order shall be followed at committee meetings. The
committee may adopt, amend, and rescind procedural rules of the
committee to aid in implementing the provisions of this section. All
reports, studies, and recommendations made by the committee shall be
approved by the committee before the same may be presented to the
City Commission or City Manager on behalf of the committee.
(5) The committee shall establish a tree subcommittee in accordance with
Section ____ below. The committee may establish such other
subcommittees from among its membership as it deems necessary to
perform its activities. Subcommittees shall report on their progress to
the committee at such times as the committee shall require. All
committee and subcommittee meetings shall be open to the public and
are subject to Florida’s Government in the Sunshine Laws.
(6) The committee’s recording clerk shall keep minutes of the proceedings,
showing the vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be
immediately filed in the office of the City Clerk and shall become a
public record.
(e) Removal of members.
A member’s position on the committee shall be automatically vacated if that
member has three (3) or more unexcused absences from committee meetings
within a one year period. The vacancy shall be promptly filled.
(f) Establishment of Tree Subcommittee, membership, terms.
(1) There is hereby established a Tree Subcommittee of the Environmental
Stewardship Committee, referred to in this subsection as the
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subcommittee. The subcommittee shall systematically review tree
permits submitted to the City for completeness and to determine
compliance with the tree protection ordinance provisions of this
Chapter 23 as more particularly described in this subsection. The
subcommittee shall consist of three (3) members and one alternate
member. The alternate shall serve in the case of the absence of any of
the 3 members. The members of the subcommittee may volunteer to
serve on the subcommittee and shall be appointed to the subcommittee
by the Environmental Stewardship Committee. All of the members of
the subcommittee shall be members of the Environmental Stewardship
Committee. The Environmental Stewardship Committee shall appoint
or remove the members of the subcommittee by a simple majority vote.
Filling vacancies shall take place at the next regular scheduled meeting
of the Environmental Stewardship Committee after a seat on the
subcommittee has become vacated. Members of the subcommittee may
serve for as long as they serve on the Environmental Stewardship
Committee.
(12) Organization of Tree Subcommittee.
a. The Environmental Stewardship Committee shall establish a
regular meeting schedule of the tree subcommittee. Unless
otherwise determined, the subcommittee’s meetings shall meet
on the same date as the Environmental Stewardship Committee.
b. The administrator or designee shall attend all meetings of the
subcommittee. A city staff member designated by the City
Manager shall act as clerk for the subcommittee. The clerk shall
be responsible for the clerical administration of the
subcommittee. The clerk shall also be responsible for the
maintenance and preservation of all records of the
subcommittee in coordination with the City Clerk's office.
c. The subcommittee shall utilize the rules of the Environmental
Stewardship Committee. Robert's Rules of Order shall be
followed to conduct meetings. All meetings shall be open to the
public. The subcommittee shall keep minutes of the proceedings,
recording the vote of each member upon each question or if
absent or failing to vote, indicating such facts. It shall keep
records of its examinations and other official actions, all of which
shall be promptly filed with the City Clerk's office and shall
become public record. The subcommittee will operate in
compliance with Florida's Government in the Sunshine Laws.
(2g) Systematic Permit Review and Appeal Process.
Notwithstanding any other permit review or appeal processes set forth in the
Atlantic Beach Code of Ordinances, Tthe subcommittee shall review tree permit
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applications and draft permits as described below following permit review and
appeal procedures shall constitute the exclusive procedures regarding tree permits
in the City of Atlantic Beach:.
a.(1) Initial Review Period.
ia. The administrator shall upload all tree permit applications
to the City’s website within three (3) business days of being
deemed complete sufficient in accordance with Section 23-
23 of this Code, and ready for site inspection in accordance
with Section 23-24. The initial site inspection by the
administrator may occur no earlier than the fourth (4th)
business day after the complete permit application has
been uploaded to the City’s website.
iib. The subcommittee may review random any tree permit
applications.
iiic. Each member of the subcommittee may independently
review all any tree permit applications that include the
removal of more than 50% of the total inches of
the diameter at breast height (DBH) of regulated trees on
any property.
ivd. Each member of the subcommittee may independently
review all any tree permit applications that include the
removal of one or more legacy tree(s) on any property.
ve. One member of the subcommittee may accompany the
administrator on the initial site inspection as an observer.
The subcommittee member must make the request to
attend the initial site inspection as an observer within three
(3) business days of the permit being uploaded to the city’s
website. The subcommittee member may not initiate
contact shall not interact with the property owner or the
property owner's agents during the site inspection and
shall stay in the vicinity of the administrator during the
inspection. The subcommittee member shall be provided
24 hours notice prior to the time of the site inspection. If
multiple requests are made by subcommittee members to
accompany the administrator on the initial site inspection,
the administrator shall select the first subcommittee
member who submits a request in writing.
b.(2) Issuance, and Review and Appeal Procedures of a Permit.
ia. When the administrator’s application review process and
inspection have been completed, the administrator shall
distribute a draft notice of intent to issue tree permit to the
applicant and all members of the subcommittee, including
the alternate member and upload the draft permit to the
City’s website. Within three (3) five (5) business days after
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the distribution of a draft permit the notice of intent, the
applicant, any member of the subcommittee or any
“adversely affected party” as defined in Section 24-17 may
place a hold on the draft permit by providing a written
notice to the administrator requesting further review. This
notice shall include the rationale to support the request for
further review. If no notice is filed, the permit shall be
effective after the expiration of the five (5) business day
notice period.
iib. Should a written notice be timely filed, Wwithin five (5)
business days after a notice is filed with the administrator,
the administrator shall place the matter on the agenda,
with proper notice, of the next available regularly
scheduled subcommittee meeting.
iiic. If, during tThe subcommittee meeting, the subcommittee
shall review the draft permit for compliance with the
requirements of this Chapter 23 and shall, by majority vote,
recommend that the administrator approve, approve with
conditions or deny the application. and administrator reach
agreement on the draft permit, tThe administrator shall
issue or deny the subject permit within five (5) business
days after the subcommittee meeting. The applicant or any
member of the subcommittee or any “adversely affected
party” who submitted written comments to the
subcommittee prior to the meeting or made a presentation
to the subcommittee during the meeting, may file a written
notice objecting to the permit within five (5) business days
from the date of permit issuance stating the alleged reasons
the permit does not comply with the provision of this
Chapter 23. The permit issued by the administrator shall
not be effective until this 5-business day notice period has
expired. If the subcommittee cannot reach agreement with
the administrator at this subcommittee meeting,
d. Should a written notice be timely filed, the draft permit
shall be placed on the next available Community
Development Board agenda. The Board’s review shall be de
novo. The Board shall determine whether the draft permit
complies with the provisions of this Chapter 23. The Board
may issue, deny or modify the draft permit. All notice
requirements for “uses by exception” “variances” set forth
in Section 24-51(dc)(2) shall apply to the hearing on said
contested tree permit.
e. The decision by the Community Development Board shall
be final unless the applicant or an “adversely affected
party” (as defined in Section 24-17) who submitted written
comments to the Board prior to the Board meeting or made
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a presentation to the Board during the meeting files a
written appeal of the Community Development Board
decision to the City Commission within fifteen (15) days of
the Board’s decision, with the City Clerk, together with a
$500.00 filing fee. Where the Community Development
Board approves a tree permit, the subject tree permit shall
not be effective until the 15-day appeal period has expired.
Said written appeal must set forth the alleged reasons that
the Community Development Board’s determination does
not comply with the provisions of this Chapter 23. The
Commission’s review shall be de novo and the notice
requirements for “variances” set forth in Section 24-
51(c)(2) shall apply. The Commission may confirm,
overturn or modify the Community Development Board’s
action. The action of the Commission shall constitute final
action of the City. Where the Commission approves a tree
permit, the permit shall not be effective until any applicable
judicial appeal period has expired.
SECTION 2. SECTION 23-23 PERMIT PROCEDURES.
Section 23-23(d)(1) of the Atlantic Beach Code of Ordinances is hereby
deleted in its entirety and the following new section 23-23(d)(1) is hereby adopted:
(1) Time for Review. Once an application has been deemed sufficient, the
administrator shall conduct a full compliance review of the application and issue a
notice of intent to issue a tree permit to approve or approve with conditions, or
deny the application in accordance with the procedures set forth in Section 23-52(g)
hereof.
SECTION 3. SECTION 23-25 APPEALS.
A. Section 23-25(a) of the Atlantic Beach Code of Ordinances is hereby deleted
in its entirety and the following new Section 23-25(a) is hereby adopted:
(a) Procedures to file appeals. Appeals and written notices objecting
to decisions regarding tree permits issued under authority of
this chapter shall be made in accordance with the provisions of
Section 23-52(g) hereof.
B. Section 23-25(b) of the Atlantic Beach Code of Ordinances is hereby deleted
in its entirety and the following new Section 23-25(b) is hereby adopted:
(b) Stay of work. Any appeal to the City Commission filed pursuant
to Section 23-52(g) shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the
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appropriate administrative official certifies that a stay would
cause imminent peril to life or property.
SECTION 24. SIX MONTH REVIEW.
Within Approximately six months after the creation of the Environmental
Stewardship Committee and Tree Subcommittee, the City Manager and tree
administrator, working with the Committee Chair, shall present a six-month
review/assessment to the City Commission.
SECTION 35. CONFLICT
All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with
this ordinance are repealed to the extent inconsistent herewith.
SECTION 46. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not be construed to render the
remaining provisions of this Ordinance invalid or unconstitutional.
SECTION 57. This ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this ____ day of ______________,
2017.
PASSED by the City Commission on second and final reading this ___ day of
_____, 2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney